LITIGATION UPDATE: Can I get damages for pain and stress for a contractual dispute?
November 19, 2019

“Calderbank” offers are a flexible and effective tool in civil litigation to try to settle a case, and also – if the offer is not accepted – can give the client more favourable treatment on legal costs than they would have had otherwise. However,there has been some doubt about how definite a Calderbank offer had to be in order for it to be the basis of a special costs order. This has been clarified in Victoria in the relatively recent case of Sim Development.

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